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Application of anti-discrimination legislation and Personal Data (Privacy) Ordinance in school administration

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Suggested learning time: approximately 30 minutes

This excerpt contains highlights from legal seminars organized by the Education Bureau, aimed at providing SMC members with knowledge related to school operation and management through legal explanations and case sharing by speakers, and thereby enhancing their management effectiveness.

Disclaimer

Views in the videos are purely shared by the speaker in his/her capacity.  They are for reference only and should not be construed as legal advice or recommendation, which schools should obtain in each particular case if necessary.

Video 1

Application of anti-discrimination legislation in school administration
(Speaker: Mr. Albert SO, Solicitor) (Chinese Version Only)

[Video length: about 22 minutes]

This video uses legal cases as examples to explain the application of anti-discrimination laws in school administration work. For example, it highlights important considerations when schools admit students, organize extracurricular activities, conduct exams, hire employees, assign work duties, and handling complaints related to discrimination from parents or employees.

Application of anti-discrimination legislation in school administration

Questions in Video

1. Would teasing a student who wears glasses due to being short-sighted and calling him “Four Eyes” constitute disability discrimination?

Please refer to the video from 3:51 to 4:42.

2. Is it inappropriate for a bus company to terminate the employment of a bus driver who suffered vision impairment due to a traffic accident, even after providing full compensation for work injuries?

Please refer to the video from 9:49 to 11:28.

3. Can a school reject the application of a physically disabled student who wishes to participate in an extracurricular activity organized by the school, based on the school's belief that the student may not be able to cope with the activity?

Please refer to the video from 11:30 to 12:26.

4. A parent requested the school to construct an elevator for his wheelchair-bound son, but the school rejected the request for financial reasons. Would this constitute disability discrimination?

Please refer to the video from 12:32 to 17:07.

5. The school has a policy that female colleagues must wear skirts and male colleagues must wear ties during work. Does this dress code violate the Sex Discrimination Ordinance?

Please view the video from 14:46 to 17:13.

Additional Reference Materials

  1. Equal Opportunities Commission - Code of Practice on Employment under the Sex Discrimination Ordinance.
  2. Office of the Privacy Commissioner for Personal Data, Hong Kong - Seminar on School Complaint Handling: Concerns related to Personal Data (Privacy) Ordinance on 2.5.2023. CHI
  3. Personal Data (Privacy) Ordinance, Cap. 486 - Points to Note.
  4. Equal Opportunity Commission webpage:

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